Being held in detention ahead of being deported from the UK without the help of a deportation solicitor in London is stressful on a person, emotionally and legally.

As a team of deportation solicitors in London, our job is to represent you in your deportation case, ensure you clearly understand your rights as a migrant and dispute any unjust decisions made by the Home Office.

What is deportation in legal terms?

Before anything else, differentiating between deportation and enforced removal is necessary; deportation is the forced removal of a foreign national from the UK on account of criminal charges and threats to the public, whereas enforced removal, otherwise known as administrative removal, is when foreign nationals’ visas expire before they leave the UK or they do not have the right to remain.

In some cases deportation is automatic (see below). In other situations, the Secretary of State’s power to deport is discretionary and curtails any prior leave to remain in the UK. In certain instances, deportation can also be contested under the Trafficking Convention or the Refugee Convention.

UK Deportation Rules

Part 13 of the Immigration Rules set out that deportation may be considered where the Secretary of State considers the persons’ deportation to be conducive to the public good.

363. The circumstances in which a person is liable to deportation include:

(i) where the Secretary of State deems the person’s deportation to be conducive to the public good;

(ii) where the person is the spouse or civil partner or child under 18 of a person ordered to be deported; and

(iii) where a court recommends deportation in the case of a person over the age of 17 who has been convicted of an offence punishable with imprisonment.

Deportation Order after criminal offence

Frequently, foreign nationals who are living in the United Kingdom may be issued with a deportation order if they commit a criminal offence in the UK which carries a custodial sentence. All custodial sentences of one year or more will lead to an automatic deportation order being granted. Deportation based on a sentence of more than 4 years may only be challenged where there is evidence of very compelling circumstances. The test as to what is considered a ‘compelling circumstance’ is a high threshold.

If you are subject to a deportation order as a result of sentence of one year or more, but less than four years  you may be able to challenge deportation if you can demonstrate you have a parental relationship with a child under the age of 18 and/or you have a genuine and subsisting relationship with a partner in the UK who is a British Citizen or Settled in the UK.

In addition to the above factors, an applicant must demonstrate that they are:

The above test and proving an associated very damaging impact on the child and/or partner is a high threshold.

How can we assist you?

The team at Branch Austin McCormick LLP have extensive experience in securing a successful determination at first instance or at appeal in regards to deportation matters. Our private client immigration team have particular experience with complex deportation cases.